The Queen v. Chas. Cory Aldred.—Application for a criminal information.—Mr. Martin applied in this case on behalf of Mr. Marsh, the Mayor of Yarmouth, for a rule for a criminal information against the defendant. Mr. Marsh stated in his affidavit that he was Mayor of Yarmouth, and a Magistrate of the Borough, and that on the 10th of June last he attended at his office for the purpose of transacting magisterial business, upon which occasion a person was charged with ringing the bell of Mr. Aldred during divine service, and a constable produced a paper without any direction or signature relative to the offence with which the person was charged. The Mayor and the Magistrate who was with him were of opinion that they could not receive such a paper, and that Mr. Aldred ought to attend himself. The paper was returned to the constable with injunctions to tell Mr. Aldred that he must attend himself if he wished to take proceedings against the party. This took place on the 10th of June. On the 12th of June, Mr. Marsh was going along King-street, when defendant came up to him, seized him by the arm, and making use of some very offensive expressions, demanded an explanation for the impertinent manner in which the Mayor had treated his letter. The Mayor replied that he was the Chief Magistrate of the town, that his hands were therefore tied up, and that he could not enter into any explanation then. Mr. Aldred then reiterated the expressions, and followed Mr. Marsh up the street, still repeating them all the time. Mr. Marsh after this sent two persons to Mr. Aldred, requesting him to consider what he had done, and whether he would not attend to make some apology for his conduct. Mr. Aldred did attend, but instead of making an apology he repeated the observations again in a manner most offensive to the Mayor. After the first offence, the Mayor thought to take proceedings against the defendant for sureties to keep the peace, but considered that the repetition of such conduct in an open Court was such an aggravation of the original offence, that he felt it due to his office and himself to take other proceedings. One of the Magistrates insisted on taking sureties, which he did two or three days afterwards. But he (Mr. Martin) apprehended that the circumstances of this case were such as not to deprive Mr. Marsh on that account of coming to this Court. Mr. Justice Patteson—You do not put this as being a provocation to a breach of the peace? Mr. Martin—It was an actual breach of the peace, for an assault was committed. Mr. Justice Patteson—That was in the first instance. There was nothing but words in the second instance, but the Magistrate was acting at the time in his magisterial capacity.